Wednesday, April 5, 2017

Indiana Chief Deputy Attorney General Lied about Grounds for Prosecution

Constitutional law prohibits prosecutors from requesting convictions against defendants for reasons other than their guilt. The following is an interview from 2013 when Chief Deputy Attorney General F. Aaron Negangard served as Dearborn County Prosecutor. Despite Negangard alleging that my convictions were based on true threats of physical harm and arson, Negangard made no such argument during trial. The altered grand jury transcripts, which were altered by the Dearborn Superior Court II, are void of Negangard giving any true threat instruction for my indictments. The quote scrolling across the top of the screen in the video is the argument Negangard made for my convictions.

The grand jury transcripts in my case demonstrate Negangard made me the target of a grand jury investigation in the absence of a crime. Negangard argued I made "unsubstantiated statements" about Dearborn Circuit Judge James D. Humphrey and Dr. Edward J. Connor, a psychologist often used by Dearborn County Courts. Negangard did not prosecute me for making threats of physical harm. Negangard made me a target of a grand jury investigation and prosecuted me for criticizing officials in the Dearborn County Court System. Now Negangard's new boss, Indiana Attorney General Curtis Hill, is representing the Defendants in my lawsuit seeking the audio from the grand jury proceedings in my case. If Negangard presented a true threat ground for my indictments, Negangard had the true threat ground omitted from the transcription of the audio to deprive me of charging information. If Negangard failed to present a true threat ground for returning intimidation indictments, then the above video is further evidence of Negangard doubling down in Negangard’s efforts to retaliate against my First Amendment Speech. Now, Indiana Attorney General Curtis Hill is saddled with the task of not only representing the defendants in my public records lawsuit, but Hill also bears the responsibility of keeping the records out of the public eye to protect F. Aaron Negangard, Hill’s Chief Deputy Attorney General.

Monday, April 3, 2017

More Examples of Grand Jury Abuses by Officials under Indiana Attorney General Curtis Hill

In addition to changing the official record of grand jury proceedings, Chief Deputy Attorney General F. Aaron Negangard abused the grand jury process by viciously attacking and interrupting a grand jury witness whom Negangard claimed to suffer from psychological problems. That witness happened to be me. During opening arguments in my trial on October 3, 2011, Negangard read from a child custody evaluation released by Dr. Edward J. Connor on August 29, 2007:
“I'm going to read to you some findings about Dan Brewington because I think it's important to note that Dr. Connor hits the nail on the head when it comes to how he describes Dan Brewington…[Brewington] has a severe attention deficit disorder that affects his ability to focus and concentrate. He rambles and forgets, is given to impulsive and incoherent thought. He cannot communicate with the mother with the skills necessary to conduct joint custody. He also gave him a test. The test results said he had a degree of psychological disturbance that is concerning.” Trial transcript pg. 10
First thing to note is Negangard failed to mention the above referenced child custody evaluation recommended that I have near-equal parenting time with my 1 and 3-year-old daughters, which included overnights and weekends. If Negangard really believed I was unable to focus or concentrate and I rambled and forgot what I was saying, Negangard attempted to take advantage of my alleged disability during my voluntary testimony before the grand jury by constantly yelling at and interrupting me. If Negangard believed I was unstable, then Negangard tried his best to light the fuse. When I refused to be baited into Negangard’s trap, his tirades became so abusive that near the end of the below dialogue appearing in the grand jury transcripts, I tried to calmly address the members of the grand jury in an attempt to escape Negangard’s toxic attacks.
MR. NEGANGARD: And you didn't like his opinion either.
DAN: Well because, who?
MR. NEGANGARD: Judge Humphrey.
DAN: Well Judge Humphrey, well the problem was...
MR. NEGANGARD: Yes or no. Did you like Judge Humphrey's...
DAN: Well which opinion are you talking about?
MR. NEGANGARD: His final order.
DAN: The final order?
DAN: He terminated my parenting time with what Dr. Conner said...
MR. NEGANGARD: Well actually he didn't terminate your parenting time.
DAN: Yes he did.
DAN: Yes.
MR. NEGANGARD: No, he said, all you have to do, he said you have parenting time pursuant to, all you have to do is get a custody, is get a psychiatric evaluation.
DAN: That's why my case was on appeal. [Humphrey] said that he didn't have jurisdiction any more.
MR. NEGANGARD: [Humphrey] said all you have to do was get a psychiatric evaluation.
DAN: Yes and I was, I was, I tried to get a hearing for that and my hearing was set for June, June 14th...
MR. NEGANGARD: never got a psychiatric evaluation. Correct?
DAN: It just got approved. It's Dr. [Lawlor] and uh, uh, well, let me back up. I had a hearing set for June 14th, it took a, by the final decree in my divorce, by the way there was no mentioning of terminating my parenting time.
MR. NEGANGARD: There was no mention of terminating your parenting time in the final decree.
DAN: Okay, what's the final decree say? Do I get any parenting time
MR. NEGANGARD: That you're not entitled to visitation. it doesn't say terminating visitation, now does it?
DAN: What's that mean? Did he terminate my visitation?
MR. NEGANGARD: No. Until you undergo a mental health evaluation. What is wrong with that?
DAN: Okay, then he terminated then...
MR. NEGANGARD: If you really cared about your children, why wouldn't you have gotten the evaluation?
DAN: Well because the burden of proof shouldn't be on
MR. NEGANGARD: ...if you really cared...
DAN: ...I did get an evaluation....
MR. NEGANGARD: ...about your children...
DAN:'s the problem...
MR. NEGANGARD: didn't get an evaluation.. ,
DAN: Yes I did.
MR. NEGANGARD: No you didn't.
DAN: Because on March 13 th, March 17th, I had an attorney, well up until then, Judge Humphrey said he didn't...
MR. NEGANGARD: represented yourself. Correct?
DAN: Well yes up until then, March 17 th, Judge Humphrey said he didn't have jurisdiction of the case because it was in appeal. I got an attorney. He filed a motion so we had a motion to approve a psychiatrist, a Dr. Henry Waite in Cincinnati where both me and my ex-wife reside and Judge Humphrey set a date, in fact, June 14, 2009 or 2010 Five days before that Judge Humphrey recused himself because of, this investigation I guess because I guess you spoke with him or somebody did.
MR. NEGANGARD: That was a long time after this order was issued.
DAN: Yes because he said that...
MR. NEGANGARD: You had plenty of time to get a psychiatric evaluation but instead you chose to appeal it. Correct?
DAN: Well that's the other thing it was he said I had to pay a hundred and twenty.-two thousand dollars ($122,000.00) for the future interest of a trust in farmland that I'm not entitled to so...
MR. NEGANGARD: But that wouldn't prevent you from getting a psychiatric evaluation so you could get your visitation...
DAN: Well I got a psychiatric evaluation. I got two (2) of them. I got one from a Hamilton County Court. I got one from Dr. Henry Waite. I wasn't allowed to bring those because I couldn't approve it. Here I got that...
MR. NEGANGARD: Isn't it true in your internet writings you said how you would not submit to a psychiatric evaluation?
DAN: That was at the very beginning because I was concerned. Okay, let's back up. The problem was, I wasn't given a copy of Dr. Conner's case file, which is...
MR. NEGANGARD: You got several documents...
DAN: Okay.
MR. NEGANGARD: didn't get what you wanted. You didn't get your wife's stuff that you wanted to post on the....
DAN: I didn't get everything
MR. NEGANGARD: ...internet
DAN: ...I didn't get everything...
DAN: No. It had...
MR. NEGANGARD: what...
DAN: ...nothing to do with that
MR. NEGANGARD: So what, you had this evaluation, you couldn't do a, you couldn't...
DAN: Mr. Negangard you got...
MR. NEGANGARD:, I want you to try...
DAN: ...your facts wrong...
MR. NEGANGARD: ...and finally wake up. Everybody's at fault -- Judge Humphrey's at fault, Dr. Corner's at fault, Amy Streator's at fault, Tom Blondell's at fault, Mike Kreinhop's at fault...
DAN: ...see this is what he does...
MR. NEGANGARD: ...I'm. at fault, the Court of Appeals is...
DAN: ...that's what he does...
MR. NEGANGARD: fault, the Indiana Supreme Court is at fault...
DAN: ...because that's what people like this do. They...
MR. NEGANGARD: that whose all...
DAN: ...point at the person and say they're crazy.
MR. NEGANGARD: that whose all at fault?
DAN: Well hold on.
MR. NEGANGARD: I mean because you've stated in your testimony that all those people are wrong and you're the only one that's right. Correct?
DAN: Let me just read this stuff real quick. Here's the history...
MR. NEGANGARD: Well answer the question. Are all those people wrong and you're the only one that's right? 
Indiana Attorney General Curtis Hill was aware of the above conduct but instead of taking action to protect the public from abuses of the grand jury process, Attorney General Hill rewarded Negangard’s conduct with a promotion. If Hill did address my case with Negangard, Negangard probably just brushed it off as Brewington being crazy; however, if Negangard believed that I suffered from psychological disorders, then Negangard sought to take full advantage of my disability behind closed doors. If Chief Deputy Attorney General F. Aaron Negangard did not believe I suffered from the psychological dysfunction mentioned in Connor’s report, then Negangard knew I was correct in criticizing Dr. Edward J. Connor and Judge James D. Humphrey but made me a target of a grand jury investigation for doing so.
Therefore Indiana Attorney General Curtis Hill does not want the Dearborn Superior Court II to release the full audio record from my grand jury proceedings. If the above is part of what Negangard allowed to be included in the record of the proceedings, there is no telling what information Negangard kept out of the record.
 Here is a link to more information regarding two separate court cases pertaining to the grand jury abuses committed by the right hand man of Indiana Attorney General Curtis Hill. 

Sunday, April 2, 2017

Summary Judgment: Two Legal Proceedings, The Same Abused Grand Jury

DEARBORN COUNTY, IN- In documents dated March 31, 2017, an Ohio man filed motions for summary judgment in two separate court cases involving accusations of grand jury record tampering. In 2011, Daniel Brewington was convicted of intimidation of court officials and served 2.5 years behind bars. The Indiana Supreme Court upheld Brewington’s convictions claiming Brewington’s critical internet speech contained “true threats [that] were carefully veiled” and did not enjoy first amendment protections. Now Brewington is suing for access to grand jury audio and seeking relief from his convictions. Grand jury transcripts demonstrate former Dearborn County Prosecutor F. Aaron Negangard omitted a “true threat” argument from the record of the grand jury, while providing only an unconstitutional criminal defamation ground for indictments; leaving Brewington unable to mount a defense against the “true threat” ground the Indiana Supreme Court relied on to uphold Brewington’s convictions. In addition to being void of a “true threat” argument, the grand jury transcripts in Brewington’s case begin at witness testimony, requiring Negangard to either advise the court reporter to not record the entire proceedings, or to omit any opening arguments from the transcription of the grand jury audio. If Negangard failed to present a “true threat” ground for Brewington’s indictments, Negangard made Brewington a target of a grand jury investigation despite the absence of any criminal activity. Last year the Indiana Public Access Counselor issued an opinion deeming the grand jury audio to be a releasable public record and found the varying excuses for refusing to release the audio were invalid exceptions under Indiana law. Adding interest to the story is the fact Negangard now serves as Chief Deputy to Indiana Attorney General Curtis Hill. In the lawsuit seeking the audio, Brewington has also requested the Court to disqualify Attorney General Hill’s office from representing the Defendants due to Chief Deputy Negangard’s involvement in the matter. Hill’s office is arguing the Dearborn Superior Court II is entitled to immunity from civil actions seeking public records. No hearings have been set on either matter.

Saturday, March 4, 2017

Grand Jury Record Tampering by Indiana Deputy Attorney General, explained in Under 200 Words

In a Praecipe dated March 7, 2011, Dearborn County Prosecutor F. Aaron Negangard directed the “Court Reporter of the Dearborn Superior Court II to prepare and certify a full and complete transcript of the grand jury proceedings.” In a hearing, dated July 18, 2011, Deputy Prosecutor Kisor instructed defendant Brewington to rely on a “complete” transcription of the grand jury proceedings to develop a defense. On August 17, 2011, Negangard made the first mention of “witness testimony” in describing the transcripts. The table of contents from the grand jury transcripts show Page 1 as the beginning of witness testimony. There is no record of anyone instructing Court Reporter Barbara Ruwe to omit the opening and other portions of the grand jury proceeding. Negangard had Ruwe omit portions of grand jury proceedings without informing Brewington, thus depriving Brewington of indictment information and evidence. Negangard is now the second in command for Indiana Attorney General Curtis Hill. Curtis Hill’s office now represents the Dearborn Superior Court II in Brewington’s Lawsuit seeking the grand jury audio behind the altered transcripts. And Attorney General Curtis Hill knows all of this.

Judge McLaughlin Recuses and Requests Transfer of Public Records Lawsuit

Update on Brewington lawsuit seeking Grand Jury Audio (Filed February 21, 2017) - On March 1, 2017, Judge Sally McLaughlin (formerly Blankenship) filed the Court’s ORDER OF RECUSAL AND TRANSFER, recusing herself from the case involving my lawsuit seeking the audio from my grand jury investigation. McLaughlin’s order also “requests the Clerk to transfer this cause of action to Dearborn Superior Court 1 since Dearborn Superior Court 2, the judge of Dearborn Superior Court 2, and the Dearborn Superior Court 2 court reporter are named as defendants in said matter.” The case was originally assigned to McLaughlin’s court by the Dearborn County Clerk.

There is no word on whether Rush County Superior Court Judge Brian Hill will continue to serve as Special Judge in my Petition for Post-Conviction Relief (“PCR”), filed February 22, 2017 as Hill is also name as a defendant in the public records case. There is also no word on whether the PCR will remain in the Dearborn Superior Court 2 as the lawsuit also names court report Barbara Ruwe as a defendant because it was Ruwe who altered grand jury transcripts and audio. 

Thursday, March 2, 2017

Brewington Motion for Change of Judge

The rules governing Post-Conviction Relief in Indiana allow a request for a change of judge if one can prove whether the judge has a bias against the person filing for relief. Prior to my criminal trial, Special Judge Brian Hill, from Rush County (IN) Superior Court, refused to provide me with basic constitutional rights like access to indictment information and evidence. Hill appointed a public defender who refused to meet with me or prepare a defense for trial. After my conviction, Hill continued to obstruct the release of grand jury audio until the Indiana Public Access Counselor ruled the audio was a releasable public record. Then Hill alleged other grand jury proceedings were intertwined with the investigation of my case and ordered the court reporter to only prepare the audio from the grand jury investigation in my case. Dearborn Superior Court II Reporter Barbara Ruwe altered the audio format and the file names of the official grand jury audio in an attempt to match the audio up with transcripts that had been altered. The problem is the audio does not match the transcription of the same audio.

That's just a small part of how Hill worked against me throughout his involvement in my case. For more information, check out my Motion for a Change of Judge.


Friday, February 24, 2017

Brewington takes new Legal Action in light of Altered Grand Jury Records

The State of Indiana prosecuted me for criminal defamation of court officials. I was given a $600,000 bond, denied charging information, denied evidence, and denied the ability to consult legal counsel prior to trial. The Indiana Supreme Court upheld my convictions based on a hidden threat argument never made by the prosecution. Several years later, I discovered that Barbara Ruwe, Chief Court Reporter for the Dearborn County (IN) Superior Court II, altered grand jury transcripts to assist Dearborn County Prosecutor F. Aaron Negangard in his unconstitutional prosecution against me. (Negangard is now the Chief Deputy Attorney General under Indiana Attorney General Curtis Hill.) When the Indiana Office of the Public Access Counselor deemed the grand jury audio in my case to be a releasable public record, the Dearborn Superior Court II modified the grand jury audio to ALMOST match the transcripts but came up a little short. In modifying the audio, the “official” copy of the audio does not contain the same amount of information as the transcription of the same audio. Page one of the grand jury transcripts is void of any instruction from the prosecutor and begins with witness testimony. This gave Negangard the freedom to request indictments for any alleged conduct regardless of truth, because Negangard knew such instruction would be omitted from the official record. As such, I have refiled my public records lawsuit seeking grand jury audio and I have filed a motion for Post-Conviction Relief to have my convictions thrown out.

Here are links to my Petition for Post-Conviction Relief, my refiled Lawsuit Seeking Public Records, and a letter to the clerk of the Dearborn Superior Court II. It is important to note that Indiana Attorney General Curtis Hill is aware of the above information because I included the above information in a letter to Attorney General Hill sent via certified mail. Feel free to contact the Office of the Attorney General with any concerns about Negangard’s abuse of the grand jury process.

Saturday, January 28, 2017

Why it is Important to Criticize Trump

For those questioning my recent Facebook and Twitter posts regarding Trump’s policies and actions, I can assure you none of my opinions or writings are politically motivated or agenda based. My frustration with the ignorance condemning me for speaking out and not blindly following government, while suggesting a wait and see approach to Trump’s presidency, is neither irrational nor misplaced. My passion for speaking out against Trump’s executive orders are rooted in a criminal case that occurred in the United States. This case involved a person who was investigated, indicted, arrested, and convicted while being denied any specific charging information, access to evidence, and legal counsel. The government made the following statements about this man:

“[W]e believe that the allegations are extremely serious and he does present a danger to the community.”

“He's held accountable by a verdict of guilty. That's how he's held accountable and that's what we're asking you to do. You cannot allow our system to be perverted that way. The rule of law will fail and ultimately our republic.  I submit to you that that is not a result that we want to have happen. That is why we are here today.”

The State argued the defendant was “paranoid, manipulative, exhibits a manic-like existence, is unwilling to accept responsibility for his behavior, he's self-centered, has difficulty seeing an issue from another perspective, likes to do things on his own as opposed to being more cooperative and compromising when needed.”

The Judge in the case told the defendant “I've never seen anyone better at manipulating or turning the facts around to make yourself out to be the victim.”

The Government argued the man suffered from a “degree of psychological disturbance” yet neither Government nor the defense attorney attempted to have the man evaluated to prove or disprove the allegation.

The State argued “He’s convicted at a jury now, and his response was to say it was my fault. Um, it's the prosecutor's fault, we lied, we misrepresented the law.”

The Prosecutor obtained indictments against the man for making “unsubstantiated statements” about the judge in the same district as well as a professional witness contracted by the Prosecutor. The man’s convictions were upheld by a state supreme court based on a different argument never presented to the grand jury and not raised until the end of trial, making it impossible to defend. Does this case sound familiar? It should to many. It’s the case of State of Indiana v. Daniel Brewington. This happened to me. This was an attack on my 1st amendment rights, which is made evident from the prosecution’s arguments during my arraignment.

“So, I think it's clear um, that he intends to try this case on his blog and I think that not only could be detrimental to the State It might even be detrimental to him. But in any event, it's not appropriate.”

“[T]he postings he has, to me, show an absolute disdain for the Court and for the prosecution and certainly that's okay with the first amendment as long as it doesn't affect with everybody, affect everybody's right to a fair trial.” “So we're asking that that order be made no direct or indirect postings regarding this case.”

I was prosecuted for speaking out about government officials. The prosecution’s argument that I should be prohibited from writing about my criminal trial because it may be detrimental to my defense is beyond comprehension. Notice the prosecution never argued my continued writings were in any way harmful to the alleged victims. My writings could only be detrimental to my defense if my writings were beneficial the prosecution, which the prosecution would have gladly welcomed. The State knew publicizing the details of my criminal case was a threat to the prosecutor’s unconstitutional criminal defamation prosecution against me. The prosecution argued that I difficulties communication represented me a master manipulator. There was much testimony about me being a master manipulator despite the absence of any example where my alleged manipulation succeeded. The sole purpose of the Dearborn County Prosecutor in making me the target of an unconstitutional prosecution was to smother the voice of opposition. That prosecutor was F. Aaron Negangard, who is now the Chief Deputy Attorney General to Curtis Hill, Attorney General for the State of Indiana.

There are very few instances in history, if any, where government restriction and/or condemnation of public speech is beneficial to the public. This is happening now. A good leader should welcome criticism. I do not find Trump’s failure to tell the truth as disturbing as how Trump continues to defend his statements that everyone knows are untrue. I’m not talking about arguing “facts” of Benghazi or email scandals, I’m talking about Trump holding an umbrella in a hot and dry desert and arguing how it’s raining cats and dogs, and then attacking the media and people who are putting on sunscreen just to voice their opposition him or support for Hillary Clinton. That’s what he did in claiming 5 million people voted illegally. That’s what Trump did when he told the CIA that the press conspired against him in not acknowledging Trump’s inauguration was not the largest in history. This is behavior that raises concerns about Trump’s psychological well-being, while raising questions of whether he comprehends the ramifications of his actions. Like the prosecution in my case, Trump portrays a doom and gloom scenario in the United States simply to rationalize taking abrupt and controversial unilateral actions to boost approval ratings. Then he tells everyone to trust him as if none of us are smart enough to understand all the facts. Trump followed through with promises he made during the election prior to having the security clearance necessary to consider all of the facts required to make a competent decision. His brash actions in “shaking things up,” demonstrate Trump does not understand or care about the emotional and financial burdens incurred by many people who are legally allowed in the United States such as students, business people, religious missionaries, etc., but Trump is quick to attack anyone that questions the executive orders. These are all issues that people should be free to discuss without fear of being condemned or retaliated against by government officials.

So, you see, my opinions are not a product of a political agenda. My views are a product of my own mind and my right to express them as a citizen of the United States of America.